2025:CGHC:58345-DB AMARDEEP NAFR CHOUBEY AMARDEEP HIGH COURT OF CHHATTISGARH AT BILASPUR CHOUBEY Date: 2025.12.03 17:16:28 +0530 CRA No. 797 of 2025 Bimal Bhagat S/o Late Ramlal Bhagat Aged About 30 Years R/o Village Bangaon Aashramtoli, Police Station Farshabahar, District Jashpur (C.G.)

... Appellant versus State Of Chhattisgarh Through Station House Officer, Police Station Farshabahar, District Jashpur (C.G.)

…..Respondent ----------------------------------------------------------------------------------------

For Appellant : Mr. Arun Kumar Shukla, Advocate For Respondent-State : Mr. Shailendra Sharma, Panel Lawyer.

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Hon'ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Judgment on Board Per Bibhu Datta Guru, Judge

02.12.2025 This criminal appeal filed by the appellant-accused under Section

415 (2) of the BNSS is directed against the impugned judgment of conviction and order of sentence dated 28/02/2025, passed by the learned 2^nd Additional Sessions Judge, Kunkuri, District: Jashpur (C.G.)

in Sessions Trial No. 21/2023, whereby the appellant-accused has been convicted and sentenced as under:-

Conviction Sentence Under Section 302 of the IPC Life imprisonment & fine of Rs.500/-, with default stipulation.

1. Brief facts of the case is that on 23/02/2023 the complainant-

Sanjay Bhagat PW-1, villager, came to the police station and reported that Bimal Bhagat/appellant of the village had doubts about the fidelity of character of his wife Feena Bai (since deceased), due to which, an altercation took place between them, then the appellant had killed his wife by hitting her on the head with an axe. Other villagers also reached the spot, where the deceased lying inside her house with a deep injury mark on her head, bleeding profusely, and she had died. On the basis of which, merg was registered vide Ex.P-1 and thereafter FIR was registered vide Ex.P-2. The dead-body of deceased was sent for postmortem examination and in the postmortem examination report (Ex.P/14), Dr. Vinay Kumar Bhagat (PW-7) opined that the cause of death was head injury and excessive bleeding and the nature of death was homicidal. During investigation, spot map was prepared vide Ex.P-11. Weapon used in the offence i.e. axe was seized and sent to FSL for chemical examination. After completing the investigation, the final report was prepared.

2. The prosecution in order to prove its case examined as many as

8 witnesses and exhibited 21 documents. Statement of the appellant under Section 313 of Cr.P.C. was recorded wherein he denied guilt, however, he examined none in his defence and did not bring any document in his support either.

3. The learned trial Court after appreciating the oral and documentary evidence available on record proceeded to convict the appellant herein for the aforementioned offence and sentenced him as mentioned herein-above against which this appeal has been preferred by the appellant-accused herein questioning the impugned judgment of conviction and order of sentence.

4. Learned counsel for the appellant would submit that the appellant has been falsely implicated in the present case. He further submits that there is no eye witness in the present case and the learned trial Court failed to appreciate that there is material contradiction and omission in the statement of witnesses. He further submits that there is no intention or motive on the part of the appellant to cause injury to the deceased. Learned counsel submits that the appellant is based on surmises and conjectures. Hence, the present appeal deserves to be allowed and the impugned judgment deserves to be set aside.

5. Per-contra, learned State counsel supported the impugned judgment of conviction and order of sentence and submits that the prosecution has proved the offence beyond reasonable doubt by leading evidence of clinching nature. The learned trial Court has rightly convicted the app